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february 2007

Supreme Court of India · 2007-02-13

DIVISIONAL CONTROLLER, G.S.R.T.C. vs KADARBHAI J. SUTHAR

Citation / case number
SC 2002/1489
Court
Supreme Court of India
Petitioner
DIVISIONAL CONTROLLER, G.S.R.T.C.
Respondent
KADARBHAI J. SUTHAR
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the acquittal of a workman in a criminal case does not automatically nullify the findings of departmental proceedings, as they operate under different legal frameworks. The Court emphasized that the Labour Court's decision to grant reinstatement without back wages was valid, but the High Court's reduction of back wages to 75% was not adequately justified. The Court reiterated that various factors must be considered when determining back wages, affirming the principle that reinstatement does not guarantee full back wages. The appeal was partly allowed, modifying the High Court's order on back wages.

DIVISIONAL CONTROLLER, G.S.R.T.C. vs KADARBHAI J. SUTHAR · Niyam